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Legal Memoradum

ARGUMENT

I. THE DEFENDANT IS ENTITLED TO RELIEF UNDER THE ALABAMA "SUDDEN EMERGENCY DOCTRINE".

Defendant, Tiffany Alexis, is entitled to relief from liability arising from the accident with Mr. Gibson under the Alabama "Sudden Emergency Doctrine." The sudden emergency doctrine states that "one who, without fault on his part, is suddenly and unexpectedly placed in perilous situation, so as to be compelled to act instantly and without opportunity for exercise of deliberate judgment, is not chargeable with negligence if, in attempting to escape from peril or to minimize threatened injury, he acts as a person of reasonable prudence would or might have acted in same or similar situation has no application to, and cannot be invoked by, one who wrongfully and voluntarily puts himself in such position of danger." Swindall v. Speigner, 214 So.2d 436 Ala.,(1968).

A. Miss Alexis was not at fault and did not cause the emergency.

"One who has by own conduct brought about......


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Approximate Word Count: 1701
Approximate Pages: 7 (250 words per double-spaced page)

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  1. Legal Memoradum

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    ALABAMA "SUDDEN EMERGENCY DOCTRINE". Defendant, Tiffany ...